Section 9.73 Affidavit of Attorney in Fact to Validate Durable Power of Attorney

• Library: Trusts and Powers 2013 Supp

E. (§9.73) Affidavit of Attorney in Fact to Validate Durable Power of Attorney

The sample form of affidavit set out in this section is based primarily on § 404.719, RSMo 2000, of the DPA Act, which provides, among other things, that a third person in good faith may rely and act on certain powers of attorney, and especially on § 404.719.1(15), which provides that the third person may rely on the “truth or validity of any facts or statements made in an affidavit of the attorney in fact or successor with regard” to various facts or events. The sample affidavit is intended to verify those facts that a third party will ordinarily want to have verified before relying on the acts of the attorney in fact. Other facts could be added to this affidavit, particularly facts...